Financial and Investment Fraud

November 5, 2020

Lawrence Gerrans, the former CEO of medical device start-up Sanovas, was sentenced to over 11 years in prison following his conviction at trial on charges arising from his diversion of funds from Sanovas to his personal use, including by transferring nearly $3 million to shell companies he controlled.  During the criminal investigation, Gerrans provided false documents to the FBI, tampered with a witness, and violated a court-ordered bond condition.  ND Cal

October 29, 2020

The SEC has awarded over $10 million to a whistleblower whose information led the agency to open an investigation.  The whistleblower’s ongoing assistance reportedly also helped decipher communications, distill complex issues, and provide key evidence.  SEC

October 26, 2020

The CFPB has ordered Low VA Rates LLC to pay $1.8 million for sending consumers mailers that deceptively marketed VA-guaranteed mortgage loans.  In violation of the CFPA prohibition against deceptive acts and practices, the Mortgage Acts and Practices – Advertising Rule, and Regulation Z, the ads were found to misrepresent the credit terms of the loans, including the amount of each payment and the annual percentage rate, and misleadingly indicate that it could help consumers eliminate debt.  This is the ninth such enforcement action by the CFPB against deceptive mailers of VA-guaranteed mortgage loans.  In total, the CFPB has obtained more than $4.4 million in civil money penalties.  CFPB

October 22, 2020

The Goldman Sachs Group, Inc. and its Malaysian subsidiary, Goldman Sachs (Malaysia) Sdn. Bhd. (GS Malaysia) have pleaded guilty to conspiracy to violate the Foreign Corrupt Practices Act (FCPA), entered into a deferred prosecution agreement with DOJ, and agreed to pay $2.9 billion as part of a coordinated resolution with authorities in the U.S., U.K., and Singapore.  Between 2009 and 2014, senior employees at the global financial institution directly and indirectly paid over $1.6 billion in bribes to government officials in Malaysia and Abu Dhabi, earning $606 million in revenue and an increased presence in Southeast Asia as a result.  Goldman’s managing director, Tim Leissner, was separately charged for his role last December.  DOJ; USAO EDNY; SEC

October 22, 2020

The SEC has awarded a record-breaking $114 million to a whistleblower whose tip and substantial, ongoing assistance helped lead to successful enforcement actions by the SEC and another agency.  This is the highest award in the history of the SEC whistleblower program, bypassing the next highest award, issued in June 2020, by over $60 million.  SEC